Preliminary complaint evidence admissible under s 4A Criminal Law (Sexual Offences) Act 1978 (Qld) is broadly defined and encompasses the full complaint of sexual assault, including accompanying violence or threats of violence. Expert psychological evidence about a complainant's intellectual functioning is not admissible before the jury where the jury can form its own assessment from the complainant's evidence, as it does not provide specialised information outside the jury's experience and knowledge. Where counts are withdrawn during trial, the judge must direct the jury to disregard the evidence relating to those counts, and must warn against propensity reasoning in respect of evidence of uncharged acts; failure to do so may result in a miscarriage of justice, particularly where the case turns solely on the reliability of unsupported complainant evidence.
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